AKA v. TURKEY View

Notes

Date	23/09/1998
AppNr	19639/92
Body	Court (Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	26; 41; P1-1
Violated / NonViolated	P1-1
Citations	66-113P1-16P1-1

Conclusions:

Costs and expenses - claim dismissed
Non-pecuniary damage - financial award
Pecuniary damage - financial award
Preliminary objection rejected (non-exhaustion)
Violation of P1-1

Keywords:

(art. 35-1) exhaustion of domestic remedies
(p1-1-1) deprivation of property
(p1-1-1) public interest
margin of appreciation

ECHR Notes

Originating Body	Court (Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Reports 1998-VI
Language	ENGLISH;FRENCH;LATVIAN
Application Number	19639/92
Importance Level	2
Represented by	N/A
Respondent State	Turkey
Referred by	Commission
Date of Reference	30/10/1997
Date of Judgment	23/09/1998
Conclusion	Preliminary objection rejected (non-exhaustion) ; Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses - claim dismissed
Articles	P1-1 ; 41 ; 26
Rules of Court	A
Separate Opinions	No
Law at Issue	Constitution, Article 46 ; Law no. 3095 of 4 December 1984 ; Code of Obligations, Article 105 ; Judgment of 23 February 1994 of the Court of Cassation, sitting as a full court ; Leading judgment of 16 June 1996 of the Court of Cassation, sitting as a full court
Strasbourg Case Law	Case of Aka, application no. 19639/92, report of the Commission of 9 September 1997, § 52 ; Case of Akkus v. Turkey, judgment of 9 July 1997, Reports 1997-IV, p. 1309, § 28, p. 1309, §§ 27 and 29, p. 1310, §§ 29, 30, 31, p. 1311, § 35 ; Akdivar and Others v. Turkey judgment of 16 September 1996, Reports 1996-IV, p. 1210, §§ 66 and 68 ; Dalia v. France judgment of 19 February 1998, Reports 1998-I, pp. 87-88, § 38 ; Lithgow and Others v. the United Kingdom judgment of 8 July 1986, Series A no. 102, p. 50, § 120, pp. 58-59, §§ 144-147 ; National & Provincial Building Society, Leeds Permanent Building Society and Yorkshire Building Society v. the United Kingdom judgment of 23 October 1997, Reports 1997-VII, p. 2353, § 80 ; Pressos Compania Naviera S.A. and Others v. Belgium judgment of 3 July 1997 (Article 50), Reports 1997-IV, p. 1299, § 24 ; Yagci and Sargin v. Turkey judgment of 8 June 1995, Series A no. 319-A, p. 17, § 42
Keywords	"(Art. 35-1) EXHAUSTION OF DOMESTIC REMEDIES" "(P1-1-1) DEPRIVATION OF PROPERTY" "(P1-1-1) PUBLIC INTEREST" "MARGIN OF APPRECIATION" PROPORTIONALITY

Application Documents 2

	AKA contre la TURQUIE Commission (Plenary) Decision	14/10/1996
	3 AKA contre la TURQUIE Commission (Plenary) Decision (Partial)	16/01/1996

References 5

	328 DALIA v. FRANCE 8, 3 Court (Chamber) Judgment (Merits)	19/02/1998
	12 THE NATIONAL & PROVINCIAL BUILDING SOCIETY, THE LEEDS PERMANENT BUILDING SOCIETY AND THE YORKSHIRE BUILDING SOCIETY v. THE UNITED KINGDOM P1-1, 14, 6-1 Court (Chamber) Judgment (Merits)	23/10/1997
	7 PRESSOS COMPANIA NAVIERA S.A. AND OTHERS v. BELGIUM (ARTICLE 50) Court (Chamber) Judgment (Just Satisfaction)	03/07/1997
	880 AKDIVAR AND OTHERS v. TURKEY 8, 25-1, P1-1, 14, 18 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	16/09/1996
	437 LITHGOW AND OTHERS v. THE UNITED KINGDOM P1-1, 14, 6-1, 13 Court (Plenary) Judgment (Merits)	08/07/1986

Citations Breakdown

1–10 of 60

Citations 60

	FRENDO RANDON AND OTHERS v. MALTA 6-1, P1-1 Court (Fourth Section) Judgment (Merits)	22/11/2011
	CURMI v. MALTA 6-1, P1-1 Court (Fourth Section) Judgment (Merits)	22/11/2011
	VASSALLO v. MALTA P1-1 Court (Fourth Section) Judgment (Merits)	11/10/2011
	KORKMAZ v. TURKEY 6-1, P1-1 Court (Second Section Co… Judgment (Merits and Just Satisfaction)	12/07/2011
	KOSE v. TURKEY P1-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	07/12/2010
	ZEYTINLI v. TURKEY 6-1, P1-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	26/01/2010
	1 SENTÜRK v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	24/11/2009
	FIRAT AND OTHERS v. TURKEY Court (Second Section) Judgment (Merits and Just Satisfaction)	06/10/2009
	COSAR v. TURKEY Court (Second Section) Decision (Partial)	29/09/2009
	AYKUT AND OTHERS v. TURKEY Court (Second Section) Decision	15/09/2009

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